§ 1705. Election of tort options.
(a) Financial responsibility requirements.--
(1) Each insurer, not less than 45 days prior to the first renewal of a private passenger
motor vehicle liability insurance policy on and after July 1, 1990, shall notify in
writing each named insured of the availability of two alternatives of full tort insurance
and limited tort insurance described in subsections (c) and (d). The notice shall
be a standardized form adopted by the commissioner and shall include the following
language:
NOTICE TO NAMED INSUREDS
A. "Limited Tort" Option--The laws of the Commonwealth of Pennsylvania give you the right
to choose a form of insurance that limits your right and the right of members of your
household to seek financial compensation for injuries caused by other drivers. Under
this form of insurance, you and other household members covered under this policy
may seek recovery for all medical and other out-of-pocket expenses, but not for pain
and suffering or other nonmonetary damages unless the injuries suffered fall within
the definition of "serious injury" as set forth in the policy or unless one of several
other exceptions noted in the policy applies. The annual premium for basic coverage
as required by law under this "limited tort" option is $ .
Additional coverages under this option are available at additional cost.
B. "Full Tort" Option--The laws of the Commonwealth of Pennsylvania also give you the
right to choose a form of insurance under which you maintain an unrestricted right
for you and the members of your household to seek financial compensation for injuries
caused by other drivers. Under this form of insurance, you and other household members
covered under this policy may seek recovery for all medical and other out-of-pocket
expenses and may also seek financial compensation for pain and suffering and other
nonmonetary damages as a result of injuries caused by other drivers. The annual premium
for basic coverage as required by law under this "full tort" option is $ .
Additional coverages under this option are available at additional cost.
C. You may contact your insurance agent, broker or company to discuss the cost of other
coverages.
D. If you wish to choose the "limited tort" option described in paragraph A, you must
sign this notice where indicated below and return it. If you do not sign and return
this notice, you will be considered to have chosen the "full tort" coverage as described
in paragraph B and you will be charged the "full tort" premium.
I wish to choose the "limited tort" option described in paragraph A:
E. If you wish to choose the "full tort" option described in paragraph B, you may sign
this notice where indicated below and return it. However, if you do not sign and return
this notice, you will be considered to have chosen the "full tort" coverage as described
in paragraph B and you will be charged the "full tort" premium.
I wish to choose the "full tort" option described in paragraph B:
(2) Insurers shall print the above notice containing both options on one sheet in prominent
type and place in a prominent location. Any person signing, or otherwise bound by,
a document containing such terms is bound by such election and is precluded from claiming
liability of any person based upon being inadequately informed in making the election
between full tort or limited tort alternatives. Where there are two or more named
insureds on a policy, any named insured may make the full or limited tort election
provided for in this section for all named insureds on the policy.
(3) If a named insured who receives a notice under paragraph (1) does not indicate a choice
within 20 days, the insurer shall send a second notice. The second notice shall be
in a form identical to the first notice, except that it shall be identified as a second
and final notice. If a named insured has not responded to either notice ten days prior
to the renewal date, the named insured and those he is empowered by this section to
bind by his choice are conclusively presumed to have chosen the full tort alternative.
All notices required by this section shall advise that if no tort election is made,
the named insured and those he is empowered to bind by his choice are conclusively
presumed to have chosen the full tort alternative. Any person subject to the limited
tort option by virtue of this section shall be precluded from claiming liability of
any person based upon being inadequately informed.
(4) Each insurer, prior to the first issuance of a private passenger motor vehicle liability
insurance policy on and after July 1, 1990, shall provide each applicant with the
notice required by paragraph (1). A policy may not be issued until the applicant has
been provided an opportunity to elect a tort option.
(5) An owner of a currently registered private passenger motor vehicle who does not have
financial responsibility shall be deemed to have chosen the limited tort alternative.
(6) Nothing in this section changes or modifies the existing requirement that owners of
registered vehicles maintain bodily injury and property damage liability insurance
arising out of the ownership, maintenance or use of a motor vehicle.
(b) Application of tort options.--
(1) The tort option elected by a named insured shall apply to all private passenger motor
vehicle policies of the named insured issued by the same insurer and shall continue
in force as to all subsequent renewal policies, replacement policies and any other
private passenger motor vehicle policies under which the individual is a named insured
until the insurer, or its authorized representative, receives a properly executed
form electing the other tort option.
(2) The tort option elected by a named insured shall apply to all insureds under the private
passenger motor vehicle policy who are not named insureds under another private passenger
motor vehicle policy. In the case where more than one private passenger motor vehicle
policy is applicable to an insured and the policies have conflicting tort options,
the insured is bound by the tort option of the policy associated with the private
passenger motor vehicle in which the insured is an occupant at the time of the accident
if he is an insured on that policy and bound by the full tort option otherwise.
(3) An individual who is not an owner of a currently registered private passenger motor
vehicle and who is not a named insured or insured under any private passenger motor
vehicle policy shall not be precluded from maintaining an action for noneconomic loss
or economic loss sustained in a motor vehicle accident as the consequence of the fault
of another person pursuant to applicable tort law.
(c) Full tort alternative.--Each person who is bound by the full tort election remains eligible to seek compensation
for noneconomic loss claimed and economic loss sustained in a motor vehicle accident
as the consequence of the fault of another person pursuant to applicable tort law.
(d) Limited tort alternative.--Each person who elects the limited tort alternative remains eligible to seek compensation
for economic loss sustained in a motor vehicle accident as the consequence of the
fault of another person pursuant to applicable tort law. Unless the injury sustained
is a serious injury, each person who is bound by the limited tort election shall be
precluded from maintaining an action for any noneconomic loss, except that:
(1) An individual otherwise bound by the limited tort election who sustains damages in
a motor vehicle accident as the consequence of the fault of another person may recover
damages as if the individual damaged had elected the full tort alternative whenever
the person at fault:
(i) is convicted or accepts Accelerated Rehabilitative Disposition (ARD) for driving under
the influence of alcohol or a controlled substance in that accident;
(ii) is operating a motor vehicle registered in another state;
(iii) intends to injure himself or another person, provided that an individual does not
intentionally injure himself or another person merely because his act or failure to
act is intentional or done with his realization that it creates a grave risk of causing
injury or the act or omission causing the injury is for the purpose of averting bodily
harm to himself or another person; or
(iv) has not maintained financial responsibility as required by this chapter, provided
that nothing in this paragraph shall affect the limitation of section 1731(d)(2) (relating
to availability, scope and amount of coverage).
(2) An individual otherwise bound by the limited tort election shall retain full tort
rights with respect to claims against a person in the business of designing, manufacturing,
repairing, servicing or otherwise maintaining motor vehicles arising out of a defect
in such motor vehicle which is caused by or not corrected by an act or omission in
the course of such business, other than a defect in a motor vehicle which is operated
by such business.
(3) An individual otherwise bound by the limited tort election shall retain full tort
rights if injured while an occupant of a motor vehicle other than a private passenger
motor vehicle.
(e) Nondiscrimination.--No insurer shall cancel, refuse to write or refuse to renew a motor vehicle insurance
policy based on the tort option election of the named insured. Any violation of this
subsection shall be deemed a violation of the Automobile Insurance Policy Act.
(f) Definitions.--As used in this section, the following words and phrases when used in this section
shall have the meanings given to them in this subsection unless the context clearly
indicates otherwise:
"Insured." Any individual residing in the household of the named insured who is:
(1) a spouse or other relative of the named insured; or
(2) a minor in the custody of either the named insured or relative of the named insured.
"Named insured." Any individual identified by name as an insured in a policy of private passenger motor
vehicle insurance.
(Feb. 7, 1990, P.L.11, No.6, eff. imd.)
1990 Amendment. Act 6 added section 1705.
References in Text. The act of June 5, 1968 (P.L.140, No.78), referred to as the Automobile Insurance
Policy Act, referred to in subsec. (e), was repealed by the act of June 17, 1998,
P.L.464, No.68. The subject matter is now contained in Article XX of the act of May
17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921.
Cross References. Section 1705 is referred to in sections 1731, 1791.1, 1799.7 of this title.
Notes of Decisions
Cited in
151
cases (
8 in the last 5 years), 1991–2025 · leading case:
Holland v. Marcy
Holland v. Marcy (2005)
pa · cites it 32×
“ddress the division between the Superior Court and the Commonwealth Court on the following question of *451 law: Whether full tort remedies are available to children of an owner of a registered but uninsured vehicle or whether they, like their parent, may only pursue limited…”
Donnelly v. Bauer (1998)
pa · cites it 26×
“These forms are required for new business on or after July 1, 1990, and for renewal policies issued after the first renewal cycle following the initial notices required in 75 Pa.C.S. § 1705 (relating to election of tort options).”
Hoffman v. Troncelliti (2003)
pa · cites it 18×
“75 Pa.C.S. § 1705(a) (emphasis added). Section 1705(b)(2) provides that: The tort option elected by a named insured shall apply to all insureds under the private passenger motor vehicle policy who are not named insureds under another private passenger motor vehicle policy.”
Rump v. Aetna Casualty & Surety Co. (1998)
pa · cites it 19×
“When purchasing this insurance policy, appellant selected the “limited tort” insurance option pursuant to the MVFRL, 75 Pa.C.S. § 1705. The purchase of the “limited tort” option allowed appellant to reduce his insurance premium.”
Holland Ex Rel. Holland v. Marcy (2002)
pasuperct · cites it 15×
“The statutory provision critical to our analysis, 75 Pa. C.S. § 1705(a)(5), provides, "An owner of a currently registered private passenger motor vehicle who does not have financial responsibility shall be deemed to have chosen the limited tort option.”
Washington v. Baxter (1998)
pa · cites it 6×
“75 Pa.C.S. § 1705(d). [7] The MVFRL defines "serious injury" as "a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.”
L.S. v. David Eschbach, Jr., Inc. (2005)
pa · cites it 9×
“We granted allowance of appeal in this matter to consider whether Section 1705 of the Motor Vehicle Financial Responsibility Law (MVFRL), 75 Pa.C.S. § 1705, which restricts the recovery of individuals who have limited tort insurance coverage, applies not only to motor vehicle…”
L.S. v. David Eschbach, Jr., Inc. (2003)
pasuperct · cites it 26×
“¶ 5 I must respectfully dissent from the Majority's conclusion that 75 Pa.C.S. section 1705 must be applied to pedestrians.”
Salazar v. Allstate Insurance (1997)
pa · cites it 4×
“The Superior Court noted that, because of its disposition, it was not reaching the issue of whether Brown made a knowing and intelligent election of the limited tort option pursuant to section 1705 of the MVFRL, 75 Pa.C.S. § 1705. The validity of Brown's limited tort option…”
Varner-Mort, D. v. Kapfhammer, B. (2015)
pasuperct · cites it 4×
“” 75 Pa.C.S. § 1705(a)(1)(A). The MVFRL defines “serious injury” as “[a] personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.”
— 75 Pa. Cons. Stat. § 1705(D) — 1 case
— 75 Pa. Cons. Stat. § 1705(a) — 16 cases
Hoffman v. Troncelliti (2003)
pa
“75 Pa.C.S. § 1705(a) (emphasis added). Section 1705(b)(2) provides that: The tort option elected by a named insured shall apply to all insureds under the private passenger motor vehicle policy who are not named insureds under another private passenger motor vehicle policy.”
L.S. v. David Eschbach, Jr., Inc. (2003)
pasuperct
“¶ 5 I must respectfully dissent from the Majority's conclusion that 75 Pa.C.S. section 1705 must be applied to pedestrians.”
— 75 Pa. Cons. Stat. § 1705(a)(1) — 12 cases
Donnelly v. Bauer (1998)
pa
“These forms are required for new business on or after July 1, 1990, and for renewal policies issued after the first renewal cycle following the initial notices required in 75 Pa.C.S. § 1705 (relating to election of tort options).”
L.S. v. David Eschbach, Jr., Inc. (2003)
pasuperct
“¶ 5 I must respectfully dissent from the Majority's conclusion that 75 Pa.C.S. section 1705 must be applied to pedestrians.”
Holland v. Marcy (2005)
pa
“ddress the division between the Superior Court and the Commonwealth Court on the following question of *451 law: Whether full tort remedies are available to children of an owner of a registered but uninsured vehicle or whether they, like their parent, may only pursue limited…”
— 75 Pa. Cons. Stat. § 1705(a)(1)(A) — 9 cases
Varner-Mort, D. v. Kapfhammer, B. (2015)
pasuperct
“” 75 Pa.C.S. § 1705(a)(1)(A). The MVFRL defines “serious injury” as “[a] personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.”
— 75 Pa. Cons. Stat. § 1705(a)(1)(B) — 8 cases
Varner-Mort, D. v. Kapfhammer, B. (2015)
pasuperct
“” 75 Pa.C.S. § 1705(a)(1)(A). The MVFRL defines “serious injury” as “[a] personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.”
— 75 Pa. Cons. Stat. § 1705(a)(2) — 1 case
— 75 Pa. Cons. Stat. § 1705(a)(3) — 6 cases
Donnelly v. Bauer (1998)
pa
“These forms are required for new business on or after July 1, 1990, and for renewal policies issued after the first renewal cycle following the initial notices required in 75 Pa.C.S. § 1705 (relating to election of tort options).”
— 75 Pa. Cons. Stat. § 1705(a)(4) — 5 cases
Donnelly v. Bauer (1998)
pa
“These forms are required for new business on or after July 1, 1990, and for renewal policies issued after the first renewal cycle following the initial notices required in 75 Pa.C.S. § 1705 (relating to election of tort options).”
— 75 Pa. Cons. Stat. § 1705(a)(5) — 16 cases
Holland v. Marcy (2005)
pa
“ddress the division between the Superior Court and the Commonwealth Court on the following question of *451 law: Whether full tort remedies are available to children of an owner of a registered but uninsured vehicle or whether they, like their parent, may only pursue limited…”
Holland Ex Rel. Holland v. Marcy (2002)
pasuperct
“The statutory provision critical to our analysis, 75 Pa. C.S. § 1705(a)(5), provides, "An owner of a currently registered private passenger motor vehicle who does not have financial responsibility shall be deemed to have chosen the limited tort option.”
Hoffman v. Troncelliti (2003)
pa
“75 Pa.C.S. § 1705(a) (emphasis added). Section 1705(b)(2) provides that: The tort option elected by a named insured shall apply to all insureds under the private passenger motor vehicle policy who are not named insureds under another private passenger motor vehicle policy.”
— 75 Pa. Cons. Stat. § 1705(a)(l) — 1 case
Holland v. Marcy (2005)
pa
“ddress the division between the Superior Court and the Commonwealth Court on the following question of *451 law: Whether full tort remedies are available to children of an owner of a registered but uninsured vehicle or whether they, like their parent, may only pursue limited…”
— 75 Pa. Cons. Stat. § 1705(a)(l)(A)(B) — 2 cases
— 75 Pa. Cons. Stat. § 1705(b) — 3 cases
Salazar v. Allstate Insurance (1997)
pa
“The Superior Court noted that, because of its disposition, it was not reaching the issue of whether Brown made a knowing and intelligent election of the limited tort option pursuant to section 1705 of the MVFRL, 75 Pa.C.S. § 1705. The validity of Brown's limited tort option…”
— 75 Pa. Cons. Stat. § 1705(b)(1) — 3 cases
L.S. v. David Eschbach, Jr., Inc. (2003)
pasuperct
“¶ 5 I must respectfully dissent from the Majority's conclusion that 75 Pa.C.S. section 1705 must be applied to pedestrians.”
— 75 Pa. Cons. Stat. § 1705(b)(2) — 15 cases
Holland v. Marcy (2005)
pa
“ddress the division between the Superior Court and the Commonwealth Court on the following question of *451 law: Whether full tort remedies are available to children of an owner of a registered but uninsured vehicle or whether they, like their parent, may only pursue limited…”
Hoffman v. Troncelliti (2003)
pa
“75 Pa.C.S. § 1705(a) (emphasis added). Section 1705(b)(2) provides that: The tort option elected by a named insured shall apply to all insureds under the private passenger motor vehicle policy who are not named insureds under another private passenger motor vehicle policy.”
Holland Ex Rel. Holland v. Marcy (2002)
pasuperct
“The statutory provision critical to our analysis, 75 Pa. C.S. § 1705(a)(5), provides, "An owner of a currently registered private passenger motor vehicle who does not have financial responsibility shall be deemed to have chosen the limited tort option.”
— 75 Pa. Cons. Stat. § 1705(b)(3) — 8 cases
Holland v. Marcy (2005)
pa
“ddress the division between the Superior Court and the Commonwealth Court on the following question of *451 law: Whether full tort remedies are available to children of an owner of a registered but uninsured vehicle or whether they, like their parent, may only pursue limited…”
Holland Ex Rel. Holland v. Marcy (2002)
pasuperct
“The statutory provision critical to our analysis, 75 Pa. C.S. § 1705(a)(5), provides, "An owner of a currently registered private passenger motor vehicle who does not have financial responsibility shall be deemed to have chosen the limited tort option.”
— 75 Pa. Cons. Stat. § 1705(c) — 7 cases
L.S. v. David Eschbach, Jr., Inc. (2003)
pasuperct
“¶ 5 I must respectfully dissent from the Majority's conclusion that 75 Pa.C.S. section 1705 must be applied to pedestrians.”
— 75 Pa. Cons. Stat. § 1705(d) — 65 cases
Washington v. Baxter (1998)
pa
“75 Pa.C.S. § 1705(d). [7] The MVFRL defines "serious injury" as "a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.”
Holland v. Marcy (2005)
pa
“ddress the division between the Superior Court and the Commonwealth Court on the following question of *451 law: Whether full tort remedies are available to children of an owner of a registered but uninsured vehicle or whether they, like their parent, may only pursue limited…”
L.S. v. David Eschbach, Jr., Inc. (2005)
pa
“We granted allowance of appeal in this matter to consider whether Section 1705 of the Motor Vehicle Financial Responsibility Law (MVFRL), 75 Pa.C.S. § 1705, which restricts the recovery of individuals who have limited tort insurance coverage, applies not only to motor vehicle…”
Holland Ex Rel. Holland v. Marcy (2002)
pasuperct
“The statutory provision critical to our analysis, 75 Pa. C.S. § 1705(a)(5), provides, "An owner of a currently registered private passenger motor vehicle who does not have financial responsibility shall be deemed to have chosen the limited tort option.”
Rump v. Aetna Casualty & Surety Co. (1998)
pa
“When purchasing this insurance policy, appellant selected the “limited tort” insurance option pursuant to the MVFRL, 75 Pa.C.S. § 1705. The purchase of the “limited tort” option allowed appellant to reduce his insurance premium.”
— 75 Pa. Cons. Stat. § 1705(d)(1) — 4 cases
Rump v. Aetna Casualty & Surety Co. (1998)
pa
“When purchasing this insurance policy, appellant selected the “limited tort” insurance option pursuant to the MVFRL, 75 Pa.C.S. § 1705. The purchase of the “limited tort” option allowed appellant to reduce his insurance premium.”
— 75 Pa. Cons. Stat. § 1705(d)(1)(h) — 1 case
— 75 Pa. Cons. Stat. § 1705(d)(1)(ii) — 1 case
— 75 Pa. Cons. Stat. § 1705(d)(1)(iv) — 1 case
— 75 Pa. Cons. Stat. § 1705(d)(2) — 1 case
— 75 Pa. Cons. Stat. § 1705(d)(3) — 2 cases
L.S. v. David Eschbach, Jr., Inc. (2005)
pa
“We granted allowance of appeal in this matter to consider whether Section 1705 of the Motor Vehicle Financial Responsibility Law (MVFRL), 75 Pa.C.S. § 1705, which restricts the recovery of individuals who have limited tort insurance coverage, applies not only to motor vehicle…”
L.S. v. David Eschbach, Jr., Inc. (2003)
pasuperct
“¶ 5 I must respectfully dissent from the Majority's conclusion that 75 Pa.C.S. section 1705 must be applied to pedestrians.”
— 75 Pa. Cons. Stat. § 1705(d)(l) — 1 case
— 75 Pa. Cons. Stat. § 1705(d)(l)(i) — 1 case
Rump v. Aetna Casualty & Surety Co. (1998)
pa
“When purchasing this insurance policy, appellant selected the “limited tort” insurance option pursuant to the MVFRL, 75 Pa.C.S. § 1705. The purchase of the “limited tort” option allowed appellant to reduce his insurance premium.”
— 75 Pa. Cons. Stat. § 1705(d)(l)(ii) — 1 case
Rump v. Aetna Casualty & Surety Co. (1998)
pa
“When purchasing this insurance policy, appellant selected the “limited tort” insurance option pursuant to the MVFRL, 75 Pa.C.S. § 1705. The purchase of the “limited tort” option allowed appellant to reduce his insurance premium.”
— 75 Pa. Cons. Stat. § 1705(d)(l)(iii) — 1 case
— 75 Pa. Cons. Stat. § 1705(d)(l)(iv) — 1 case
Rump v. Aetna Casualty & Surety Co. (1998)
pa
“When purchasing this insurance policy, appellant selected the “limited tort” insurance option pursuant to the MVFRL, 75 Pa.C.S. § 1705. The purchase of the “limited tort” option allowed appellant to reduce his insurance premium.”
— 75 Pa. Cons. Stat. § 1705(d)(l)(ü) — 1 case
Rump v. Aetna Casualty & Surety Co. (1998)
pa
“When purchasing this insurance policy, appellant selected the “limited tort” insurance option pursuant to the MVFRL, 75 Pa.C.S. § 1705. The purchase of the “limited tort” option allowed appellant to reduce his insurance premium.”
— 75 Pa. Cons. Stat. § 1705(f) — 18 cases
Holland v. Marcy (2005)
pa
“ddress the division between the Superior Court and the Commonwealth Court on the following question of *451 law: Whether full tort remedies are available to children of an owner of a registered but uninsured vehicle or whether they, like their parent, may only pursue limited…”
Hoffman v. Troncelliti (2003)
pa
“75 Pa.C.S. § 1705(a) (emphasis added). Section 1705(b)(2) provides that: The tort option elected by a named insured shall apply to all insureds under the private passenger motor vehicle policy who are not named insureds under another private passenger motor vehicle policy.”
L.S. v. David Eschbach, Jr., Inc. (2005)
pa
“We granted allowance of appeal in this matter to consider whether Section 1705 of the Motor Vehicle Financial Responsibility Law (MVFRL), 75 Pa.C.S. § 1705, which restricts the recovery of individuals who have limited tort insurance coverage, applies not only to motor vehicle…”
Holland Ex Rel. Holland v. Marcy (2002)
pasuperct
“The statutory provision critical to our analysis, 75 Pa. C.S. § 1705(a)(5), provides, "An owner of a currently registered private passenger motor vehicle who does not have financial responsibility shall be deemed to have chosen the limited tort option.”
— 75 Pa. Cons. Stat. § 1705(f)(2) — 2 cases
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.